Patna High CourtCR. MISC./60769/2023allowed

Ramashankar Kumar @ Rammi v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60769 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== Ramashankar Kumar @ Rammi Son Of Late Binda Rai Village Ward No.2 Gurmiya Tiwari Tola Ps Kartaha District Vaishali ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the petitioner was apprehended on the spot when he and others were assembled to commit an offence. Upon search, one knife and two live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high

Patna High Court CR. MISC. No.60769 of 2023(2) dt.22-09-2023 2/2 handedness of the police. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per provision of law. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 54692 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kartahan P.S. Case No. 24 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T